Allahabad High Court on Monday stayed the order for demolition of accused’s house. (Representational)
Prayagraj:
The Allahabad High Court on Monday stayed the order of a revenue official of Deoria district for the demolition of a house belonging Prem Chand Yadav, who was among six killed over a land dispute recently.
Deoria tehsildar on October 11 issued a demolition order of the house which belongs to former district panchayat member Prem Chand. His father Ram Bhawan Yadav had approached the HC against order.
On October 2, 50-year-old Prem Chand was attacked with sharp-edged weapons and killed by his rival Satyaprakash Dubey and his family when he went to his house.
In retaliation soon after, Prem Chand’s supporters attacked Dubey’s house and brutally killed Dubey and five of his family members, including children.
Justice Chandra Kumar Rai passed the order in an appeal filed by Ram Bhawan Yadav against the order.
Counsel for the petitioner submitted that authorities are adamant about demolishing the house as Ram Bhawan has filed an instant petition without availing remedy of appeal under Section 67 (5) of UP Revenue Code, 2006.
He further submitted that even on merit, the impugned order cannot be maintained, but without affording a proper opportunity of hearing as well as without making proper survey and demarcation, the order for ejectment and damages has been passed against the petitioner.
Chief Standing Counsel for the State JN Maurya submitted that land in dispute is recorded as ‘khalihan’, as such no interference is required in the matter.
The court observed, “It is directed that in view of ratio of law laid down in Ali Sher (Supra), the order dated October 11 passed by tehsildar for demolition and damages shall not be given affect till the disposal of petitioner’s appeal under Section 67 (5) of UP Revenue Code, 2006.” “In view of the remedy of appeal against the order impugned passed by the Tehsildar, the writ petition is disposed of finally directing the petitioner to file an appeal before Collector against the order impugned dated 11.10.2023 within a period of two weeks from today. If the appeal is filed within the aforesaid period, the same shall be registered and disposed of in accordance with law,” the court said.
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